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Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (recast) (Text with EEA relevance)
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1.An organisation responsible for the manufacture of products, parts and appliances shall demonstrate its capability in accordance with the provisions of Annex I (Part 21).
[F12.By way of derogation from paragraph 1, a manufacturer may demonstrate its capability as follows:
(a)where a manufacturer’s principal place of business is in a State other than the United Kingdom, by holding a certificate issued by that State for the product, part and appliance for which it applies, provided:
(i)that State is the State of manufacture, and
(ii)the CAA has determined that the system of that State includes the same independent level of checking compliance as provided by this Regulation, either through an equivalent system of approvals of organisations or through direct involvement of the competent authority of that State; or
(b)where a manufacturer’s principal place of business is in a State other than the United Kingdom or a Member State, by holding a production organisation approval for either or both part and appliance issued by the Agency, provided:
(i)either or both the part and appliance is of a type which is incorporated into a product produced by a manufacturer in the European Union which holds a certificate issued by the Agency, or a Member State, for that product, and
(ii)the production certificate for the product is recognised under Article 21 of Annex 30 to the Trade and Cooperation Agreement of 30th December 2020 between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part.]
3.Production organisation approvals issued or recognised by a Member State [F2or the United Kingdom] in accordance with the JAA requirements and procedures and valid before 28 September 2003 shall be deemed to comply with this Regulation.
[F34 . By way of derogation from paragraph 1, the production organisation may apply to the [F4CAA] for exemptions from the environmental requirements referred to in the first subparagraph of Article 9(2) of Regulation (EU) 2018/1139 (1).]
Textual Amendments
F1Art. 9(2) substituted (23.12.2022) by The Aviation Safety and Air Traffic Management (Amendment) Regulations 2022 (S.I. 2022/1235), regs. 1(2), 2(2)
F2Words in Art. 9(3) inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 190(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F3Inserted by Commission Delegated Regulation (EU) 2019/897 of 12 March 2019 amending Regulation (EU) No 748/2012 as regards the inclusion of risk-based compliance verification in Annex I and the implementation of requirements for environmental protection (Text with EEA relevance).
F4Word in Art. 9(4) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 60
[F3Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 ( OJ L 212, 22.8.2018, p. 1 ).]
Textual Amendments
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